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MINUTES OF THE CASE MANAGEMENT OPEN MEETING NEW MEXICO PUBLIC REGULATION COMMISSION April 27, 2016 TIME: 9:30 a. m. PLACE: PERA Building 4 th Floor Hearing Room 1120 Paseo de Peralta Santa F~, New Mexico 87501 A quorum was present as follows: Members Present: Commissioner Valerie Espinoza, Chairperson Commissioner Karen L. Montoya, Vice-Chairperson Commissioner Lynda Lovejoy Commissioner Patrick H. Lyons Commissioner Sandy Jones Members Absent: Staff Present: Andrea Delling, Acting Interim Chief of Staff Michael Smith, Acting General Counsel Judith Amer, Associate General Counsel Russell Fisk, Associate General Counsel Cydney Beadles, Legal Division Director Sandra Skogen, Legal Division Avelino Gutierrez, Acting Transportation Division Director Michael Ripperger, Telecommunications Bureau Chief Eugene Evans, Telecommunications Bureau Others Present Carl Boaz, Stenographer CALL TO ORDER The Case Management Open Meeting was scheduled at 9:30 a.m., pursuant to proper notice under N MSA 1978, 10-15-1(c), and the Commission’s Open Meeting Policy. Commissioner Valerie Espinoza, Chairperson, called the Case Management Open Meeting to order at 9:30 a.m., in the Fourth Floor Hearing Room, PERA Building, 1120 Paseo de Peralta, Santa Fe, New Mexico. Minutes of the Case Management Open MeetingApril 27, 2016 Page 1

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Page 1: CALL TO ORDER - New Mexico Public Regulation …nmprc.state.nm.us/docs/older docs/04-27-16 Minutes.pdf1) 16-00062-tr-m in the matter of the application of mescalero apache fire rescue

MINUTES OF THECASE MANAGEMENT OPEN MEETING

NEW MEXICO PUBLIC REGULATION COMMISSIONApril 27, 2016

TIME: 9:30 a. m. PLACE: PERA Building4th Floor Hearing Room1120 Paseo de PeraltaSanta F~, New Mexico 87501

A quorum was present as follows:

Members Present:Commissioner Valerie Espinoza, ChairpersonCommissioner Karen L. Montoya, Vice-ChairpersonCommissioner Lynda LovejoyCommissioner Patrick H. LyonsCommissioner Sandy Jones

Members Absent:

Staff Present:Andrea Delling, Acting Interim Chief of StaffMichael Smith, Acting General CounselJudith Amer, Associate General CounselRussell Fisk, Associate General CounselCydney Beadles, Legal Division DirectorSandra Skogen, Legal DivisionAvelino Gutierrez, Acting Transportation Division DirectorMichael Ripperger, Telecommunications Bureau ChiefEugene Evans, Telecommunications Bureau

Others PresentCarl Boaz, Stenographer

CALL TO ORDER

The Case Management Open Meeting was scheduled at 9:30 a.m., pursuant to proper notice underN MSA 1978, 10-15-1(c), and the Commission’s Open Meeting Policy. Commissioner Valerie Espinoza,Chairperson, called the Case Management Open Meeting to order at 9:30 a.m., in the Fourth Floor HearingRoom, PERA Building, 1120 Paseo de Peralta, Santa Fe, New Mexico.

Minutes of the Case Management Open MeetingApril 27, 2016 Page 1

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A copy of the sign-in sheet for the Case Management Open Meeting is incorporated herewith to theseminutes as Exhibit 1.

A copy of the Agenda for the Case Management Open meeting is incorporated herewith to theseminutes as Exhibit 2.

A copy of the Public Comment sign-in sheet for the Case Management Open Meeting is incorporatedherewith to these minutes as Exhibit 3.

1. PLEDGE OF ALLEGIANCE/STATE PLEDGE

2. INTRODUCTION OF SPECIAL GUESTS

Commissioner Lovejoy introduced Chief of Staff from the Mescalero Apache Tribe who introducedGeneral Counsel and Fire Chief.

3. CONSIDERATION AND APPROVAL OF THE AGENDA

Mr. Smith said for Case 15-00066-TR-M, we need to get a recommendation so he requested that it bepostponed for one week. Also, he just handed out a new order for 14-00190-UT for a proposedconfidentiality provision with one line added to the decretal paragraph.

Commissioner Lyons asked to have 190 as the first item of regular action rather than vote onsomething he had not seen before.

Commissioner Montoya moved to approve the agenda as amended with item B 5, 14-00190-UT,as the first case under Regular Action and B 7, 16.00066-TR-M, postponed to next week.Commissioner Lovejoy seconded the motion and it passed by unanimous (5-0) voice vote.

4. CONSIDERATION AND APPROVAL OF MINUTES

¯ Minutes of Case Management Open Meeting of March 30, 2016

Commissioner Montoya moved to approve the minutes of March 30, 2016 as presented.Commissioner Lovejoy seconded the motion and it passed by unanimous (5-0) voice vote.

5. CONSENT ACTION

A. Transportation Matters:

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1) 16-00062-TR-M IN THE MATTER OF THE APPLICATION OF MESCALERO APACHE FIRERESCUE FOR A CERTIFICATE TO PROVIDE AMBULANCE SERVICE(Judith Amer) Order

2) 16-00052-TR-M IN THE MATTER OF THE APPLICATION OF COMFORT AT HOME CARE, LLC,FOR A PERMIT TO PROVIDE NON-EMERGENCY MEDICAL TRANSPORTSERVICE(Judith Amer) Order

3)

B. Utility Matters:

13.00176.UT IN THE MATTER OF THE APPLICATION OF EL PASO ELECTRIC FORAPPROVAL OFNEW AND MODIFIED ENERGY EFFICIENCY PROGRAMSFOR 2014, 2015 AND 2016(Russell Fisk) Order

4) 15-00002.UT IN THE MATTER OF THE REQUEST FOR RATE CAP VARIANCE OFSECURUS TECHNOLOGIES, INC., AN INSTITUTIONAL OPERATOR SERVICEPROVIDER(Russell Fisk) Order

6) 16-000023-UT IN THE MATTER OF WlNDSTREAM COMMUNICATIONS SOUTHWEST, INC.RELOCATION OF FIBER OPTIC CABLE FOR ARMSTRONG DEVELOPMENTCONSTRUCTION OF CVS PHARMACY, INC. #10448, CARLSBAD, NM(Michael Smith) Order

Commissioner Montoya moved to approve the orders for the remaining consent items (above).Commissioner Lyons seconded the motion and it passed by unanimous (5-0) voice vote.S_goOrdered.

Chairperson Espinoza introduced Mr. Bill Steel from Colorado.

7) 16-00066-TR.M IN THE MATTER OF THE APPLICATION OF TRANSPORTATION SINFRONTERAS, LLC, FOR AN AMENDMENT TO ITS CERTIFICATE TOPROVIDE GENERAL SHUTTLE SERVICE

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(Michael Smith) Order

This case was postponed to the next PRC meeting under Approval of Agenda.

=REGULAR ACTION AND DISCUSSION

A. Transportation Matters: None

B. Utility Matters:

5) 14-00190-UT IN THE MATTER OF PUBLIC SERVICE COMPANY OF NEW MEXICO’SAPPLICATION FOR CONTINUATION OF A PLAN TO MANAGE FUEL ANDPURCHASED POWER COSTS BY ENTERING INTO CERTAIN FORWARDMARKET TRANSACTIONS, PUBLIC SERVICE COMPANY OF NEW MEXICO,Applicant.(Michael Smith) Order

Mr. Smith said this case was already closed in December, 2014. The Final Order agreed that PNMcould file compliance reports under the final order subject to certain conditions and the reports could befiled confidentially but the order did not include that form. One change that was made from the packet wasto insert a provision that the Commission adopt the order, subject to executing the confidentiality order.

Commissioner Lyons said it was almost identical.

Mr. Smith agreed.

Commissioner Lyons moved to approve the order as presented. Commissioner Lovejoyseconded the motion and it passed by unanimous (5-0) voice vote. So Ordered.

8) 16-00096-UT IN THE MATTER OF THE APPLICATION OF PUBLIC SERVICE COMPANY OFNEW MEXICO FOR APPROVAL OF ITS 2017 ELECTRIC ENERGYEFFICIENCY PROGRAM PLAN, PROFIT INCENTIVE AND REVISED RIDERNO. 16 PURSUANT TO THE NEW MEXICO PUBLIC UTILITY ACT, EFFICIENTUSE OF ENERGY ACT, AND ENERGY EFFICIENCY RULE(Judith Amer) Order

Ms. Amer provided information regarding this matter to the Commission. This matter comes upon theapplication of PNM for approval of its 2017 Electric Energy Efficiency Program Plan, Profit Incentive andRevised Rider No. 16 pursuant to the New Mexico Public Utility Act, Efficient Use of Energy Act, and the

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Energy Efficiency Rule. The proposed order designates the HE to be named by a single signature orderand suspends the tariff rider and opens the case for the Commission to review PNM’s 2017 energyefficiency program plan. The important parts of the application are that the revisions to the tariff rider willincrease billing to customers by 3.217% over current billing levels in order to recover program costs and abase level profit incentive totaling $30,114,046. Certain customers’ bills will be capped so that nocustomer’s bill will increase by more than $75,000 per year. Anticipated increases in annual revenueresulting from the changes to the EE Rid~;r requested in this 2017 Plan are approximately $2,050,220 forprogram costs and profit incentives.

In the previous energy case, 14-00310-UT, the Commission previously approved nine out of the current tenprograms. So there is only one new unapproved program, New Home Construction Program which willprovide incentives to homebuilders to encourage construction of homes that exceed current building’sstandards.

Regarding the incentive, it is a base level incentive that equals 5.75% of program costs, subject tosatisfactory performance. The calculation includes a sliding scale for added profit levels if savings exceed208GWH.

She summarized that the order just opens up the case and appoints the HE.

Commissioner Lyons agreed it is pretty basic. He asked who the HE is.

Ms. Amer said Mr. Medeiros was approached about it. She thought it was pretty certain but not 100%.

Commissioner Lyons moved to approve the order. Commissioner Lovejoy seconded the motionand it passed by unanimous (5-0) voice vote. So Ordered.

C. Advice Notices: Possible Action to Suspend

Mr. Smith reviewed the advice notices because Mr. Carrara is out on leave.

1. PUBLIC SERVICE COMPANY OF NM - ADVICE NOTICE 520

Mr. Smith said the revised rate rider 36 is effective April 27. It would decrease the rider from what wassubmitted in compliance with the 2012 case. It is primarily to the renewable portfolio. Staff recommended itgo into effect. It would provide about $1.07 million increase in revenues.

Chairperson Espinoza asked for concurrence from PNM.

Ryan agreed that this is a reconciliation filing. The Rate Rider collects the RPS through the year and atreconciliation, a certain amount instead of refund will decrease the rate rider. It would not increase rates.

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2. NAVOPACHE-ADVICE NOTICE 53

Mr. Smith said this is an increase to operating expense so there must be 25 individuals or 1% protestsand only one protest was filed so there is no basis to suspend. Staff recommended it go into effect.

Chairperson Espinoza asked if it is just residential.

Mr. Smith couldn’t find that one protest. It did not appear in Navopache documents. He would take thatconcern back to Records. We should really have dockets assigned to them.

Commissioner Lovejoy calculated that the amount of increase on customer bills would be around adollar or something per month.

Mr. Smith said he could do the math after the meeting but couldn’t do it in his head.

Commissioner Lyons noted on the same page it says do not suspend.

Mr. Smith agreed. The reason is that there are not enough protests.

Commissioner Lyons asked what happens, then.

Mr. Smith said it would allow it to go into effect by operation of law.

Commissioner Lovejoy asked if there is time for other protests.

Mr. Smith explained that notice is filed and there are 30 days to file protests and if none it goes intoeffect.

3. NEW MEXICO GAS COMPANY- ADVICE NOTICE 55

Mr. Smith said this was filed in case 506. The advice notice was filed on April 4. It would go into effect onthe 19t~ but that doesn’t comply with PRC rules. They tried to find something in the order for a shorterperiod but Staff says it is consistent.

Commissioner Lovejoy asked why they come as advice notices rather than under consent.

Chairperson Espinoza explained that she had requested that the Commission get advice notices on theagenda so they don’t fall through the cracks without our notice. Hopefully that’s okay with you,Commissioner Lovejoy.

4. JEMEZ MOUNTAINS ELECTRIC COOP - ADVICE NOTICES 78, 79, 80, 81, 82, 83

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Ms. Amer said JMEC filed five advice notices pursuant to the order in Case 15-00087 which was acase where the Commission approved the reconciliation mechanism for over and under recovery. In it,JMEC asked for a variance from previous cases so they could file them all pueblo advice notices at thesame time. So this is pursuant to the variance of that case. It was all filed on April 1 and would go intoeffect May 1st. After the reconciliation, for Pojoaque, Advice Notice 82, there is a credit of .00187/kWh. ForOhkay Owingeh, Advice Notice 79 has a surcharge of .00154/kWh. For Namb~ Pueblo, Advice Notice 81,there is a surcharge of .000148/kWh. For Santa Clara, Advice Notice 83, there is a surcharge of .00003kWh. For San Ildefonso, Advice Notice 80, there is a credit of .00151/kWh. The result for the entirecustomer base is a credit of .00028/kWh.

Staff recommended not suspending these reconciliations. They reviewed the expert witnesses’calculations and said they were calculated properly.

Commissioner Lyons had no questions.

=EXECUTIVE CLOSED SESSION PURSUANT TO NMSA 1978, SECTION 10-15-1(H)(2) TODISCUSS LIMITED PERSONNEL MATTERS: SELECTION FOR CHIEF OF STAFF; ANDPURSUANT TO NMSA 1978, SECTION 10.15.1(H)(7) TO DISCUSS PENDING LITIGATIONREGARDING DEWA YNE BEAGLES V. NMPRC; NO. D-101-CV-2014-00609

Commissioner Montoya moved to go into executive closed session pursuant to NMSA 1978,Section 10-15-1(H)(2) to discuss limited personnel matters: Selection for Chief of Staff; andpursuant to NMSA 1978 NMSA, Section 10.15.1(H)(7) to discuss pending litigation regardingDwayne Beagles v. NMPRC; No. D-101-CV-2014-00609. Chairperson Espinoza seconded the motionand it passed by unanimous roll call vote with Commissioner Lyons, Commissioner Lovejoy,Commissioner Espinoza, Commissioner Jones and Commissioner Montoya voting in favor andnone voting against.

The Commission went into executive session at 10:03 a.m.

At 11:15, the Commission returned from executive session.

Commissioner Montoya moved to return to open session. Commissioner Jones seconded themotion and it passed by unanimous (5-0) voice vote.

Commissioner Jones announced to the public that during the closed session, no actions were takenand the only matters discussed were limited personnel matters and pending litigation.

8. POSSIBLE COMMISSION ACTION: Selection for Chief of Staff

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The Commission took no action on selection for Chief of Staff.

=PUBLIC COMMENT

There were no speakers from the public.

10. COMMUNICATIONS WITH ACTING GENERAL COUNSEL, MICHAEL C. SMITH

There were no communications with Acting General Counsel.

11. COMMUNICATIONS WITH INTERIM ACTING CHIEF OF STAFF, ANDREA DELLING

¯ PRC’S FY16 LOSS PREVENTION CONTROL AUDIT - REPORT OF RESULTS

Ms. Delling handed out the loss prevention control that was done in April. The PRC scored 88 on ouraudit. Because of the better rating, she worked on adjusting the reduction of liability rates which have beengoing up every year. Now the rates have actually gone down. She applauded Melanie Sandoval who doesthe work on getting the building safer for us.

Commissioner Montoya said she keeps hearing good things about her. She has been doing anamazing job. We need to commend her for her job.

Ms. Delling thanked her for the recommendation and agreed that she does a fabulous job.

Commissioner Jones asked if this is not a GSD operated building and why the PRC is held liable.

Ms. Delling said he is correct but we must identify the things in a report to GSD for corrective actions.

¯ VACANCY UPDATE

Ms. Delling reported hiring five people and might hire seven more. In the last two pay periods, we havehired 9 people so we are bringing up the vacancy rates. Next week she would bring an accurate report.

12. COMMUNICATIONS WITH COMMISSIONERS

Chairperson Espinoza requested cancelation of the Open Meeting on July 27r~ because of the NARUCmeeting.

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13. ADJOURNMENT

The meeting was adjourned at 11:30 a.m.

ATTEST:

Carl~/oa~z~z,~~r~~-’

APPROVED: ~- I~- I(o

VALERIE ESPINOZA, IRPERSO

I’~AREN MONTOYA, VI~E CHAIRPERSON

~ATRICK H. LYONS, COMMI6SIONER

LYNDA LOVE JOY, COMMI~ON~R

TELEPHONICALLY APPROVED

SANDY JONES, COMMISSIONER

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NEW MEXICO PUBLIC REGULATION COMMISSION

OPEN MEETING: CASE MANAGEMENT MEETINGDate: 7~\ ~’// ~! [o

NAME COMPANY NAME, (if any)

PHONE NUMBER

Thank you for attending this meeting.

EXHIBIT 1PRC -Apd127, 2016

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NEW MEXICO PUBU ,(; REGULATION COMM, !~ION

OPEN MEETING: CASE MANAGEMENT MEETINGWednesday, April 27, 2016

9:30 a.m.PERA Buildin~ 4~h Floor Hearing Room

1:120 Paseo de Peralta, Santa Fe, NM 87501

AGENDA

II.

PLEDGE OF ALLEGIANCE/STATE PLEDGE

INTRODUCTION OF SPECIAL GUESTS

i11.

IV.

CONSIDERATION AND APPROVAL OF THE AGENDAMinutes of the Case Management Open Meeting of April 27, 2016

CONSIDERATION AND APPROVAL OF MINUTES

CONSENT ACTION

A. Transportation Matters:

1)

z)

16:00062-TR-MJudith Amer

16-O0052-TR-MJudith Amer

IN THE MATTER OF THE APPLICATION OFMESCALERO APACHE FIRE RESCUE FOR ACERTIFICATE TO PROVIDE AMBULANCE SERVICE

ORDER

IN THE MATTER OF THE APPUCATION OFCOMFORT AT HOME CARE, LLC, FOR A PERMITTO PROVIDE NON-EMERGENCY MEDICALTRANSPORT SERVICE

ORDER

Open Meeting: Case Management Meeting AgendaWednesday, April 27, 2016Page I of S

EXHIBIT2PRC - April 27, 2016

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6. Utility Matters:

3)

4)

S)

6)

7)

13-00176-UTRussell Fisk

15-00002-UT ’Russell Fisk

14-00190-UTMichael Smith

16-00023-UTMichael Smith

16-O0066-TR-MMichael Smith

IN ’THE MA1TER OF THE APPUCATION OF ELPASO ELECTRIC FOR APPROVAL OF NEW ANDMODIFIED ENERGY EFFICIENCY PROGRAMS FOR2014, 2015 AND 2016

ORDER

IN THE MATTER OF’TI~E REQuEs~ FOR RATE.CAPVARIANCE OF SECURUS TECHNOLOGIES, INC.,AN INSTITUTIONAL OPERATOR SERVICEPROVIDER

ORDER

IN THE MATTER OF ’PUBUC SERVICE COMPANYOF NEW MEXICO’S APPLICATION FORCONTINUATION OF A PLAN TO MANAGE FUELAND PURCHASED POWER COSTS BY ENTERINGINTO CERTAIN FORWARD MARKETTRANSACTIONS,

PUBLIC SERVICE COMPANY OF NEW MEXICO,

ORDER

Applicant.

IN THE MATTER OF WINDSTREAMCOMMUNICATIONS SOUTHWEST, INC.RELOCATION OF FIBER OPTIC CABLE FORARMSTRONG DEVELOPMENT CONSTRUCTIONOF CVS PHARMACY, INC. #10448, CARLSBAD,NM

ORDER

IN THE MATTER OF THE APPLICATION OFTRANSPORTAQON SIN FRONTERAS, LLC, FORAN AMENDMENT TO ITS CERTIFICATE TOPROVIDE GENERAL SHUTTLE SERVICE

ORD.E~

Open Meeting: Case Management Meeting AgendaWednesday, April 27, 2016Page 2 of 5

EXHIBIT 2PRC - Apd127, 2016

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REGULAR ACTION AND DISCUS~.!.0N

A. Transportation Matters:

NONE

B. Utility Matters:

16-00096-UTJudith Amer

IN THE MATTER OF THE APPUCATION OF PUBUCSERVICE COMPANY OF NEW MEXICO FORAPPROVAL OF ITS 2017 ELECTRIC ENERGYEFFICIENCY PROGRAM PLAN, PROFIT INCENTIVEAND REVISED RIDER NO. 16 PURSUANT TO THENEW MEXICO PUBUC UTILITY ACT, EFFICIENTUSE OF ENERGY ACT, AND ENERGY EFFICIENCYRULE

ORDER

VII.

VIII.

Advice Notices: Possible Action to Suspend

PUBUC SERVICE COMPANY OF NM - ADVICE NOTICE 520

NAVOPACHE - ADVICE NOTICE 53

NEW MEXICO GAS COMPANY - AOVICE NOTICE 55JEMEZ MOUNTAINS ELECTRIC COOP - ADVICE NOTICES 78, 79, 80, 81,82, 83

EXECUTIVE CLOSED SESSION PURSUANT TO NMSA 1978, SECrlON 10-1S-1(H)(2) TODISCUSS LIMITED PERSONNEL MAI"rERS: SELECTION FOR CHIEF OF STAFF; ANDPURSUANT TO NMSA 1978, SECTION 10-15-1(H)(7) TO DISCUSS PENDING LITIGATIONREGARDING DEWAYNE BEAGLES V. NMPRC; NO. D-101.CV-2014-00609

POSSIBLE COMMISSION ACTION¯ SELECTION FOR CHIEF OF STAFF

PUBUC COMMENT

Open Meeting: Case Management Meeting AgendaWednesday, April 27, 2016Page 3 of 5

EXHIBIT 2PRC - April 27, 2016

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Xl.

COMMUNICATIONS WITH ACTING GENERAL COUNSEL, MICHAEL C. SMITH

COMMUNICATIONS WITH INTERIM ACTING CHIEF OF STAFF, ANDREA DELUNG

PRC’S FY16 LOSS PREVENTION CONTROL AUDIT- REPORT OF RESULTSVACANCY UPDATE

Xli. COMMUNICATIONS WITH COMMISSIONERS

Xlll. ADJOURNMENT

To obtain a copy of this agenda please log in the Commission’s website atwwwo,~r¢.sta~.nm,us.

The Commission will make reasonable efforts to post the agenda on the Commission’swebsite at least 72 hours before the open meeting, but the Inability to do so within the 72hours prior, will not require the Commission to delay the meeting or to refrain from takingaction on any agenda item on which it otherwise could act.

At any time during the Open Meeting the Commission may dose the meeting to the public todiscuss matters not subject to the New Mexico Open Meetings Act. The Commission mayrevise the order of the agenda items considered at this open meeting.

Notice is hereby given that the Commission may request that any party answer darifyingquestions or provide oral argument with respect to any matter on the agenda. If theCommission makes such a request, any party present at the meeting, either in person or bytelephone, shall have an equal opportunity to respond to such questions or argument. In theevent a party whose case is on the agenda chooses not to appear, the absence of that partyshall not cause such discussion or argument to become ex-parte communications.

,PERSONS WITH DISABILITIES

ANY PERSON WITH A DISABILITY REQUIRING SPECIAL ASSISTANCE IN ORDER TO PARTICIPATEIN THIS PROCEEDING SHOULD CONTACT THE OFFICE OF DIRECTOR OF ADMINISTRATIVESERVICES OF THE COMMISSION AT (505) 827-4042 AS SOON ASPOSSIBLE PRIOR TO THECOMMENCEMENT OF THE OPEN MEETING.

PUBLIC COMMENT

All members of the public wishing to provide public comment must sign a sign-up sheetprior to the start of the meeting and identify their name and the name of the organization theyrepresent (if any), and the topic or issue on which they desire to comment. The portion of the

Open Meeting: Case Management Meeting AsendaWednesday, April 27, 2016Page 4 of 5

EXHIBIT 2PRC. Apr~ 27, 2016

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agenda allocated for public comment at any one open meeting shall be limited to a maximumof 30 minutes for all persons wishing to provide comment. The order of speakers will be basedon the order in which speakers sign up, but public officials may be taken out of order. If aspeaker is not present at the time he or she is called to provide comment, that speaker shallforfeit their opportunity to speak. Public comment by an individual or entity shall be limited tono more than three (3) minutes unless the Commission acts to extend the period, if thenumber of individuals on the sign-up sheet desiring to provide comment would exceed theallotted 30-minute period, the Chairman may limit individual remarks to a shorter time period.Individuals represented by or representing a common organization or association may be askedto select one individual to act as spokesperson to speak for the group. Individuals who sign upto comment, but either fail to do so or choose to speak for less than their allotted time, maynot cede or yield their time to another speaker. Written comments of individuals who cannotbe physically present may not be read aloud at the meeting but may be submitted to theCommission.

The subject matter of public comments shall be relevant to matters within theCommission’s jurisdiction. Public comment will not be permitted on matters that should beaddressed appropriately as the subject of an informal or formal complaint before theCommission or on pending rulemaking proceedings before the Commission once theopportunity for public comment in those proceedings has closed. Public comment by parties toa proceeding or adjudication pending before the Commission will not be permitted where thecomment concerns matters at issue in such proceeding. The Chairman shall retain the right tostop any speaker who raises an issue that is not under the Commission’s jurisdiction or issubject to the restrictions above. Public comment will be received without Commissioncomment or response. However, individual Commissioners may at their option seekclarification or additional information from speakers through the Chairman. No speakers willbe accommodated after the public comment portion of the agenda has closed. The Chairmanretains the right to exercise discretion in the implementation of this policy and may overridethe above rules in case of emergency or other unforeseen circumstances.

Speakers providing comment shall at all times conduct themselves in accordance withproper decorum. Profane or vulgar language or gestures will not be tolerated. Audiencemembers shall not disrupt an open meeting by speaking without being recognized by theCommission and shall not incite others to do so. The Commission retains the right to removedisruptive attendees and individuals who fail to conduct themselves in accordance with theseprovisions from the Commission meeting.

Open Meeting: Case Management Meeting AgendaWednesday, April 27, 2016Pa~e S ors

EXHIBIT 2PRC - Apd127, 2016

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NEW MEXICO PUBLIC REGULATION COMMISSION

OPEN MEETING: CASE MANAGEMENT MEETINGDate: /~x\ ~I, ~(~

NAME PHONE NUMBER TOPIC

Thank you for attending this meeting.

EXHIBIT 3PRC -April 27, 2016